Legal Lacunae: Generic Manufacturer’s Can’t Be Sued

Interesting advantage to generic drug makers, limited liability for adverse outcomes. 

Dozens of suits against drug companies have been dismissed in federal and state courts because of a decision by the Supreme Court last year that makes it virtually impossible to sue generic manufacturers for failing to provide adequate warning of a prescription drug’s dangers. This outrageous denial of a patient’s right to recover fair damages makes it imperative that Congress or the Food and Drug Administration fashion a remedy.

Medicynical Note:  Its fascinating to view the unintended consequences of what seems a reasonable regulation.  A fix may be in the works but who knows what that will entail and what consequences it will bring.

No doubt our conservative/libertarian friends would argue it would be better to do without regulation and oversight at all.  Really?

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